R 293
2003 – H 5081 AS AMENDED
Enacted 06/30/03
J O I N T R E S O L U T I O N
TO
APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO
THE CONSTITUTION OF THE STATE (SEPARATION OF POWERS)
Introduced
By: Representatives Gorham, Story, Savage, Almeida and Dennigan
Date
Introduced: June 11, 2003
WHEREAS,
The proposed amendments to Article III, section 6, Article V, Article VI,
and
Article IX, section 5 of the Constitution of the state are intended to have the
collective effect
of
ensuring the separation of governmental power among the three distinct branches
of state
government:
the legislative branch, the executive branch, and the judicial branch; and are
not
intended
to diminish or affect the nature and scope of each branch’s inherent power but,
rather, to
ensure
that, absent express and lawful delegation, one branch does not exercise the
power of
another
branch; and
WHEREAS,
The addition of the words “separate and distinct” to Article V of the
Constitution
affirms that the three branches of government are and shall be separate from
each
other
and distinct in the nature of the power exercised by each; except insofar as
the general
assembly
chooses to delegate, according to law, certain of its legislative powers to the
executive
branch;
and
WHEREAS,
The deletion of Article VI, section 10 from the Constitution eliminates the
provision
pursuant to which the general assembly has historically exercised power,
executive in
nature
and in excess of its legislative power; but does not diminish or affect, in any
way, the
legislative
power of the general assembly, which power the general assembly retains in
full; and
WHEREAS,
The amendment to Article III, section 6 of the Constitution, by providing
expressly
that no official or member of one branch of government shall hold
simultaneously a
position
in another branch of government, further ensures the separation of governmental
power
among
the three branches of state government; and
WHEREAS,
The amendment to Article IX, section 5 of the Constitution vests in the
governor,
by and with the advice and consent of the senate, the power to appoint persons
exercising
executive power; except insofar as the general assembly may by law vest the
power to
appoint
such inferior officers, as it deems proper, in the governor or in other
specified officials of
the
department in which the appointment is to be made; and does not affect the
appointment
powers
of the lieutenant governor, the treasurer, the attorney general, or the secretary
of state; be
it
hereby
RESOLVED,
That a majority of all members elected to each house of the general
assembly
voting therefore, the following amendments to the Constitution of the state be
proposed
to
the qualified electors of the state in accordance with the provisions of
Article XIV of the
Constitution,
for their approval and the following sections are hereby amended, effective on
January
1, 2005, to read as follows:
ARTICLE III
OF QUALIFICATION FOR
OFFICE
Section
6. Holding of offices under other governments. -- Senators and
representatives
not to hold other appointed offices under state government. -- No person
holding
any office under the government of the United States, or of any other state or
country,
shall
act as a general officer or as a member of the general assembly, unless at the
time of taking
such
engagement that person shall have resigned the office under such government;
and if any
general
officer, senator, representative, or judge shall, after election and
engagement, accept any
appointment
under any other government, the office under this shall be immediately vacated;
but
this
restriction shall not apply to any person appointed to take deposition or
acknowledgment of
deeds,
or other legal instruments, by the authority of any other state or country.
No
senator or representative shall, during the time for which he or she was
elected, be
appointed
to any state office, board, commission or other state or quasi-public entity
exercising
executive
power under the laws of this state, and no person holding any executive office
or
serving
as a member of any board, commission or other state or quasi-public entity
exercising
executive
power under the laws of this state shall be a member of the senate or the house
of
representatives
during his or her continuance in such office.
ARTICLE V
OF THE DISTRIBUTION OF
POWERS
The
powers of the government shall be distributed into three (3) separate and
distinct
departments:
the legislative, the executive and the judicial.
ARTICLE VI
OF THE LEGISLATIVE POWER
Section
10. Continuation of previous powers. -- The general assembly shall
continue
to
exercise the powers it has heretofore exercised, unless prohibited in this
Constitution.
ARTICLE IX
OF THE EXECUTIVE POWER
Section
5. Authority to fill vacancies. -- The governor may fill vacancies
in office not
otherwise
provided for by this Constitution or by law, until the same shall be filled by
the general
assembly,
or by the people.
Section
5. Powers of appointment. -- The governor shall, by and with the
advice and
consent
of the senate, appoint all officers of the state whose appointment is not
herein otherwise
provided
for and all members of any board, commission or other state or quasi-public
entity
which
exercises executive power under the laws of this state; but the general
assembly may by
law
vest the appointment of such inferior officers, as they deem proper, in the
governor, or within
their
respective departments in the other general officers, the judiciary or in the
heads of
departments.
RESOLVED,
That the said proposition of amendments shall be submitted to the electors
for
their approval or rejection at the next statewide general election. The voting
places in the
several
cities and towns shall be kept open during the hours required by law for voting
therein for
general
officers of the state; and be it further
RESOLVED,
That the secretary of state shall cause the said proposition of amendments
to
be published as a part of this resolution in the newspapers of the state prior
to the date of the
said
meetings of the said electors; and the said proposition shall be inserted in
the warrants or
notices
to be issued previous to said meetings of the electors for the purpose of
warning the town,
ward,
or district meetings, and said proposition shall be read by the town, ward, or
district
meetings
to be held as aforesaid; and be it further
RESOLVED,
That the town, ward, and district meetings to be held aforesaid shall be
warned,
and the list of voters shall be canvassed and made up, and the said town, ward,
and
district
meetings shall be conducted in the same manner as now provided by law for the
town,
ward,
and district meetings for the election of general officers of the state.
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LC00414
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